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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12188
Experience:  30 years as a practising solicitor.
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My son is six. He stays with his dad every second Saturday

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My son is six. He stays with his dad every second Saturday for one night. We have never been together since discovering I was pregnant. He has been paying main tangency for four years after he went to lawyers as he refused to have any contact with me. We started communicating again around my sons third birthday, however most contact he made with me was aggressive and not useful. My son is continually stressed by his dad when he visits and finds it difficult to speak to him openly. My son refuses to spend two nights, yet his father keeps insisting and says we should lie to my son to get him to spend two nights. I do not want to lie to him as I know the repercussions would be awful. Can my son legally refuse the two night stay?
Thank you for your question.

Your son is too young to decide on the issue of contact so he can't refuse or not refuse from a legal point of view. However if the father has no contact order for two nights you aren't bound to give him contact. He would have to go to court and say why he thinks it would be in your sons best interests to have contact for the two nights as opposed to the one.

A court won't make ann order for increased contact unless it considers it to be in the best interests of your son.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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Customer: replied 4 years ago.
What age can my son legally state what he wants in view of access?
The age of 12 is the age that his views have to be considered.